IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
SANJAY KUMAR & N. BALAYOGI, JJ.
Dr. S. Shoba Rani – Petitioner
Versus
The State Reorganization Department Rep by its Secretary, General Administration (SR) Department, A.P. Secretariat & Others – Respondents
Writ Petition No. 23775 of 2016
Decided On : 27-02-2017
Civil Law - Reorganization Act, 2014 - petitioner is the applicant in O.A. No. on the file of the Andhra Pradesh Administrative Tribunal - By order dated the Tribunal admitted the O.A. and while ordering notice to the respondents directed that the final allocation of the petitioner to the State of would be subject to the final result in the O.A. Aggrieved by the denial of interim relief, the petitioner is before this Court - Petitioner was appointed as a Lecturer at Kurnool in Zone and was thereafter transferred to in Zone I on her own request as her husband was working - She thereupon took the last rank in terms of seniority in the cadre of Lecturers at Visakhapatnam - She was promoted as a Principal basing upon her reduced seniority - After bifurcation of the erstwhile State of the authorities sought her option for allocation to one of the newly formed States. Guidelines in this regard were communicated vide G.O. dated - Total number of posts of Principals were of which were allotted to the new State of Pradesh and to the State Admittedly vacancies in the said post fell to the lot of the State of Pradesh, while 9 vacancies were in the State - Petitioner opted for the State of Andhra Pradesh as herself sought transfer to Zone I on spousal grounds and was still continuing in service there - Despite her option and the availability of vacancies, the Committee constituted by the Government of India tentatively allotted her to the State of in the list dated - Aggrieved by this allotment, she filed before the Tribunal wherein interim orders were passed directing the authorities to maintain status - Pursuant thereto she continued to work at in Zone I in the new State of during the pendency of this O.A., final allocation orders were passed on whereby she was again allocated to the State - Pending O.A. was closed in the light of this development aggrieved by her final allocation - Held, Principle underlying these guidelines is therefore to protect and keep together employed spouses who would otherwise be separated owing to the allocation undertaken pursuant to the bifurcation of the erstwhile State of Andhra Pradesh - Keeping the spirit and intent underlying this principle the guidelines should be implemented - Merely because Clause (l) does not speak of employees working in Central Government Public Sector Undertakings it does not mean that spouses of such employees who are working in the State cadre are not to be accommodated where they are working - Clause (l) states in no uncertain terms that allocation shall as far as practicable be made so as to keep the spouses together - Import and intent of bifurcation of the erstwhile State of Andhra Pradesh is not to break up marriages - Authorities therefore have to conceive formulate and implement the guidelines keeping this in mind - Any shortfall in the guidelines in this regard cannot be taken literally to mean that spouses, whose cases do not fall within the four corners of the instructions as set out therein are to be left out in the cold and must suffer marital separation - Petitioner is working in a non-transferable post a Central Government Public Sector Undertaking - Her children are also studying there. Significantly - Authorities in turning a blind eye to her plight and her fervent request for allocation to cannot be countenanced. It is not in dispute that vacancies in the posts of Principal are available in the State of and more particularly - In terms of the definition of vacancies are included therein as already stated supra - Clause of Para specifically states that if ‘allocable posts’ in the category remain after local candidates relatable to that State have been considered, then others who opt for that State may be allocated in order of seniority - Part of clause (f) of Para 18 seems to have been completely overlooked by the authorities - petition is accordingly allowed.
Sanjay Kumar, J.
1. The petitioner is the applicant in O.A. No. 2358 of 2016 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for brevity, ‘the Tribunal’). By order dated 24.06.2016, the Tribunal admitted the O.A. and while ordering notice to the respondents, directed that the final allocation of the petitioner to the State of Telangana would be subject to the final result in the O.A. Aggrieved by the denial of interim relief, the petitioner is before this Court. The petitioner was appointed as a Lecturer at Kurnool in Zone IV on 20.07.1992 and was thereafter transferred to Visakhapatnam in Zone I on her own request, as her husband was working at BHEL, Visakhapatnam. She thereupon took the last rank in terms of seniority in the cadre of Lecturers at Visakhapatnam. She was promoted as a Principal in September, 2012, basing upon her reduced seniority. After bifurcation of the erstwhile State of Andhra Pradesh, the authorities sought her option for allocation to one of the newly formed States. Guidelines in this regard were communicated vide G.O.Ms. No. 312 dated 30.10.2014. The total number of posts of Principals were 256, of which 140 were allotted to the new State of Andhra Pradesh and 116 to the State of Telangana. Admittedly, 23 vacancies in the said post fell to the lot of the State of Andhra Pradesh, while 9 vacancies were in the State of Telangana.
2. The petitioner opted for the State of Andhra Pradesh, as shehad herself sought transfer to Zone I on spousal grounds and was still continuing in service there. Despite her option and the availability of vacancies, the Committee constituted by the Government of India tentatively allotted her to the State of Telangana in the list dated 02.06.2015. Aggrieved by this allotment, she filed O.A. No. 5088 of 2015 before the Tribunal, wherein interim orders were passed directing the authorities to maintain status quo. Pursuant thereto, she continued to work at Visakhapatnam in Zone I in the new State of Andhra Pradesh. However, during the pendency of this O.A., final allocation orders were passed on 10.11.2015, whereby she was again allocated to the State of Telangana. The pending O.A. was closed in the light of this development. However, aggrieved by her final allocation, she filed O.A. No. 2358 of 2016. As the Tribunal did not grant her interim relief and made her allocation subject to the result of the O.A., she filed the present writ petition. The Assistant Secretary to the Government, General Administration Department, Andhra Pradesh, filed a counter-affidavit stating as follows:
The Government of India approved the guidelines for allocation of the State employees between the successor States of Telangana and Andhra Pradesh vide G.O.Ms. No. 312 dated 30.10.2014. In terms of Para 19 of the said guidelines, employees were to be allocated only after taking options from them. The petitioner, a local of the State of Telangana, exercised her option to be allocated to the new State of Andhra Pradesh. She was however tentatively allocated to the State of Telangana. She put in a representation stating that her studies were in Telangana but she was appointed as a Lecturer in Kurnool in the erstwhile State of Andhra Pradesh, in September, 1992, wherefrom she sought transfer on spousal grounds to Visakhapatnam in Zone I. She further stated that her husband belonged to Andhra Pradesh and was working in a non-transferable post in BHEL at Visakhapatnam where her sons were also undergoing their education. She pointed out that vacancies were available at Visakhapatnam and sought accommodation there. The Assistant Secretary admitted that 23 vacancies in the posts of Principal were allotted to the State of Andhra Pradesh along with 117 filled posts.
3. The Under Secretary, Department of Personnel and Training, Government of India, filed a counter wherein he stated thus:
Though the petitioner was appointed in Zone IV in 1992 and was transferred to Zone I at her request, sh
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